A husband who was jailed after killing his terminally ill wife in "a final act of love" has been freed after appeal judges quashed his sentence.

Ian Gordon, 67, was imprisoned for 40 months last year after admitting smothering his spouse Patricia, 63, with a pillow at their home in Troon, Ayrshire.

But Lord Brodie, sitting with Lord Turnbull, overturned the decision on Thursday and admonished him for the culpable homicide of his wife.

Gordon's defence counsel, the Dean of Faculty Gordon Jackson QC, told the Criminal Appeal Court in Edinburgh: "In the particular circumstances of this case there was neither public nor private interest in the sentence of imprisonment."

Lord Brodie said: "The taking of human life is always a matter of the utmost seriousness.

"However, having read all the material which was provided and having listened to what was said by the Dean of Faculty we agree this is indeed an exceptional case."

The judge said it was accepted by the authorities and Gordon's family that his actions in hastening the death of his wife were motivated "solely by love" for her.

Lord Brodie said Gordon was devoted to his wife of 43 years.

The court was told that Mrs Gordon, who was suffering from terminal cancer, was in terrible pain and that painkillers were not working.

Mr Jackson said that in addition she had an intense fear of medical intervention and all she wanted was for her husband to try to care for her.

A daughter had described her mother as screaming and moaning and clearly in excruciating pain.

Mr Jackson said that as the pain became more excruciating "Mr Gordon did what he did".

Mr Jackson said their daughter Gail had described them as a couple who were absolutely devoted to one another after meeting as teenagers.

The defence counsel said that a family doctor had described what Gordon had done as "his final act of love".

Mr Jackson said that jailing Gordon took him away from his family and meant he was not with them to help with the grieving process.